01-20-1997 (Planning & Zoning) Minutes MINUTES
The Planning and Zoning Commission met in a Regular Business Meeting on January 20, 1997,at
6:30 p.m.in the Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North,
Wylie,Texas 75098. A quorum was present and a notice was posted in the time and manner required
by law.
COMMISSION MEMBERS PRESENT: Chairman Bart Peddicord,James Smith, Cecilia Wood,
Rich Eckman, Stuart Allison, Tim Owen and Steve Ahrens(late for first vote).
ABSENT: None
STAFF MEMBERS PRESENT: Director of Community Development-Mike Phillips,Planner-
Kelley Shaw and Secretary-Rebecca Rogers.
ACTION ITEMS
ITEM NO. 1: Consider approval of the Minutes from the January 6, 1997 Regular Business Meeting.
A motion was made by Cecilia Wood, seconded by Tim Owen to accept the minutes as presented.
Motion carried,all in favor(6).
ITEM NO.2: Consider a recommendation to the City Council a request for approval of a Final Plat
(Approved for Construction) for the Newport Harbor, Phase II Subdivision submitted by Myran
Corporation. Staff stated that the final plat is Phase II of Newport Harbor, 77 acres which contains
71 lots,immediately south of Phase I. Hogan Corporation and Staff has reviewed it,minor corrections
(signature blocks,easement requirements,lining up of blocks,minor construction details)have been
noted and corrected. Staff recommends approval. It was questioned if St. Paul was contacted
regarding the drainage canal to the east; St. Paul was contacted and there would not be a problem for
Wylie to go in and maintain that easement. Three property owners have been contacted and would
agree to the easements agreements,but these property owners would not be affected until a later phase
of development. The drainage easements must be in place when the developers file for final plat
approval of the phase that would be affected. A motion was made by Rich Eckman, seconded by Tim
Owen,to recommend approval of the Final Plat for the Newport Harbor,Phase II Subdivision. Motion
carried, all in favor(7).
PUBLIC HEARING
ITEM NO. 1: Hold a Public Hearing and consider a recommendation to the City Council a request
from Herzog Development Corporation for approval of the proposed Woodbridge Planned
Development District Conceptual Plan. Kelley Shaw,Planner, stated that Staff feels that the general
requirements of the Comprehensive Plan and the Planned Development District ordinances have been
satisfied. Concessions have been made by the Herzog Development Corp. in regards to development
standards, setbacks,lot sizes,increasing the number of larger lot sizes and decreased the number of
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smaller lot sizes (the density has been lowered, from 1026 lots to 980 lots). The original proposal
stated a 5,000 sq. Ft. lot which has been eliminated from the current Conceptual Plan. Staff
recommends approval of the Conceptual Plan and to move forward to the second phase which will
be submittal of the development plan (Final Plat). Sachse's position on this project and their
requirements for single family is unknown. Questions were raised regarding the Residential
Development Plan/Preliminary Plat,where it states that"...approval of the Conceptual Plan attached
hereto will remain in effect for twenty (20) years from their initial adoption and approval date or
revision thereof." Mr. Shaw stated that if a development is not built within 2 '/2 years, it is subject to
re-approval. When this ordinance was enacted,the size of a Planned Development this large wasn't
taken into consideration, therefore, Mr. Herzog will be incorporating a schedule into the
developmental standards which would commit him to build the project. If not built within the
schedule,the opportunity is available to re-evaluate the project.
Chairman Peddicord opened the Public Hearing. Don Herzog of Herzog Development Corporation,
9696 Skillman, Suite 210,Dallas, Texas,was present to speak for the Conceptual Plan. Mr. Herzog
explained that the reason they had put the 20 year contingency in the Development Standards is so that
the Conceptual Plan does not get changed with every new P&Z Commission and City Council. A
project this size takes 12-15 years minimum to develop. Starting the project and selling it off is not
anticipated,it will be developed by Herzog and its successors. The following items were brought up
for discusion. Secondary thoroughfares will be thicker than 6 inches,6 inches is for residential streets.
Section 3.09 Maintenance of Facilities says "It shall be the option, but not the obligation, of the
association to maintain the parkways and medians of major and secondary thoroughfares." The
Association will maintain these areas and would only be turned over to the City if requested and the
City was willing to accept the responsibility for it. Until that time, the Association would be
responsible for the maintenance. Section 3.13,Impact Fees was brought up. Due to the size of this
project,Herzog proposes to have the builder pay the impact fees at the time of permit. Herzog would
provide a letter of credit for impact fees prior to the acceptance of each phase of development. If the
fees have not been paid within four (4) years from the date of acceptance, the remaining unpaid
balance would be drawn from the letter of credit. Questions arose whether a Homeowner's
Association could be guaranteed and Mr. Herzog replied that they have done this in other
developments. It will be mandatory that each owner becomes a member and will pay dues. It will be
filed and started with the very first plat. The Homeowners Association will be part of the required
supplemental data for the approval of the development plan. Staff has reviewed the example provided
and has asked for it to be clarified,maintenance of opens spaces and greenery be clearly defined as to
where they are and who is responsible for the maintenance, including swimming pools and insurance
for pools. Muddy Creek bridge is half Sachse and half Wylie and will be maintained as any other
public roadway/bridge. Roadway improvements include I-190 from Midway to 75 should be open
by July 1998; 75 to 78 should be open July 1999 and I-35 to Midway open in July 2001.
No one else present to speak in favor or to speak against the request. Chairman Peddicord closed the
Public Hearing. Staff has discussed Impact Fees with Mr. Herzog and it has been agreed that the 50%
would be lowered to represent the actual number of lots that Wylie actually(est. 35%)has(Sachse has
more)and then the City would only waive the Impact Fees if and when Wylie connects onto the lift
station. There maybe a sewer line already laid and connected by the time this development start.
Wylie has a specific ordinance which delineates how water and sewer impact fees are collected. Staff
does not have the authority to vary from that and they are collected at the time the subdivision is
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platted. Stuart Allison commented that lot sizes were a tremendous issue with him and that larger lots
were important. Mr. Shaw stated that this was a Planned Development District and as such, is
evaluated on its own merits,therefore, it would not be setting any precedents with lower lots sizes,
etc.
A motion was made by Stuart Allison, seconded by Cecilia Wood,to table this request until Sachse
has made a decision with a stipulation that Herzog updates Section 3.09 and correct the Impact Fee
information. Motion denied,(3 in favor-Stuart Allison, Cecilia Wood, James Smith; 4 opposed-Bart
Peddicord, Tim Owen, Rich Eckman, Steve Ahrens). It was questioned that if Sachse does not
approve this project,then it won't be developed and Mr. Herzog stated that this was correct. Sachse
and Wylie's time tables are running parallel. Multi-family is on Sachse's side,not Wylie's.
A motion was made by Rich Eckman, seconded by Steve Ahrens, to recommend approval to City
Council for approval of the request from Herzog Development Corporation for the proposed
Woodbridge Planned Development District Conceptual Plan with the changes noted in 3.09. Motion
carried(4 in favor-Steve Ahrens,Bart Peddicord,Rich Eckman, Tim Owen, 3 opposed-Cecilia Wood,
James Smith, Stuart Allison).
CITIZEN PARTICIPATION
None
ADJOURNMENT
ADJOURN: A motion was made to adjourn by Tim Owen, seconded by Rich Eckman.
Motion carried, all in favor (7). Chairman Peddicord adjourned the meeting.
Respectfully submitted,
Bart Peddicord, Chairman Rebecca Rogers, Secretary
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